CORDELE, Ga. (WALB) - The City of Cordele is responding to a $250,000 complaint after a woman tripped on a city road.

According to the complaint, the woman “fell due to the poor condition of the roadway, which includes, but is not limited to, unmarked, uneven surfaces.”

It says the city was “negligent in failing to either repair the roadway or provide adequate warning to the public and that the woman was “severely and permanently injured.”

An anonymous source within the city government says the money from this lawsuit has to come from somewhere, but at this moment, they do not know where the money will come from since the city budget has not been completed. Some residents, telling WALB, that’s a major concern.

“Something needs to be done because this thing with our lawsuit is a really big-ticket item right now, because everyone in town has Facebook and it’s everywhere,” says Ronald Michael, a resident and candidate for Commission Chair.

The city of Cordele has filed a ‘motion to set aside the default judgment.’

“This court should set aside the judgment because the city received such judgment due to an accident or mistake, unmixed with negligence,” the motion said. “This court should set aside the judgment as to damages because the city was not served with notice of the hearing on damages after a default judgment was entered.”

“It is a lawsuit that slipped by the normal proceedings of doing things, and so we have to deal with the legal steps to get it back in line, and hopefully it works out in the city’s favor,” says Commission Chairman, Joshua Deriso.

One source says if the city’s insurance company does not pay the $250,000, the city council will have to look into raising property taxes - a solution that the Chairman does not want to have to explore. Legal counsel for the City of Cordele will bring their motion before the Honorable Amy Bryant on Friday, Sept. 19 at 9:00 a.m.

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